LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 3, 1997, Page 1

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100. Mid-South District Bylaws (Ag. 2072): The President of the Mid-South District had forwarded a
copy of some changes proposed by the Board of Directors of the Mid-South District to the Bylaws of the
Mid-South District and had also included bylaw amendments which were being proposed by two circuits in
the Mid-South District. The question was asked as to whether or not the amendments as proposed by the
circuits would be acceptable or whether they were in conflict with the Constitution and Bylaws of the
Synod. After reviewing them, the Commission concluded that many of those bylaw amendments proposed
by the circuits would be unacceptable and asked that the Secretary identify those points at which the
proposed amendments would be in conflict with the Constitution and Bylaws of the Synod.
When responding to the request of the District President for review, the Commission first noted that in its
opinion the proposed bylaw amendments originating with the District Board of Directors contain nothing
contrary to the Constitution or Bylaws of the Synod.
With respect to the amendments proposed by the circuits, the Commission concluded that these do, in some
areas, change the responsibility to the President of the district and are unacceptable in many areas since they
are contrary to the Constitution and Bylaws of the Synod. Among the proposed provisions which would fall
into this category are the following:
(1) Administration - B, 1 and 2
B, 1 — contrary to Bylaw 4.71, a
B, 2 — contrary to Bylaw 4.73
(2) District Conventions and Conferences - B, 1, 2, 3
B, 1 — contrary to Bylaw 4.21 (cf. Bylaw 3.25)
B, 2 — contrary to Bylaw 4.21 (cf. Bylaw 3.19, b)
B, 3 — contrary to Bylaw 4.21 (cf. 3.19, f)
(3) Directives for Officers - B, 1, a
B, 1, 9 — contrary to Bylaw 4.71, 9
The following may also be contrary:
B, 1, c — in view of 4.21 may be contrary to 3.189
B, 2, a — in view of 4.21 may be contrary to 3.125
B, 5, b — may be contrary to 4.75; 5.13, g and k; 5.17, a
(4) Election and Vacancy Procedures - E, 4
E, 4 -contrary to Bylaw 5.11, b
In addition, E, 2, is unclear. "Otherwise" than what?
Several other areas which are unclear are the following:
I, B, 4 - What is the meaning of "in behalf of the convention"?
III, B, 5, a - Does the substitution of "may" for "shall" contradict Bylaw 5.17?
IV, C - For what is the Board of Directors responsible to the convention?
IV, C, 22 - Has an item been removed to cause the renumbering?
It was stated that based on its review, the Commission reiterated its view that the proposed amendments of
the circuits are seriously flawed and in many areas directly contrary to the Bylaws of the Synod.